Two non-native artists accused of faking tribal citizenship to sell their art as native-made
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Through Indigenous News Online Staff
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The West Washington U.S. Attorney’s Office has indicted two non-Native artists in separate cases of selling Native art under false pretenses at two different art galleries in the popular Pike Place Market in downtown Seattle , Wash.
The two men are accused of violating the Indian Arts and Crafts Act (IACA) by posing as Native American artists, despite having no tribal affiliation or heritage, according to the prosecutor American Nick Brown.
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Lewis Anthony Rath, 52, of Maple Falls, and Jerry Chris Van Dyke, 67, also known as Jerry Witten, of Seattle, appeared in U.S. District Court in Seattle on Friday.
“By flooding the market with counterfeit Native American arts and crafts, these crimes deceive the consumer, undermine the economic livelihoods of Native American artists and undermine Indian culture,” said Edward Grace, deputy director of the force office. of the order of the Fish and Wildlife Service of the United States. , said in a press release issued by the US attorney’s office.
The charges stem from investigations after two separate complaints were filed with the Indian Arts and Crafts Board.
The U.S. Attorney’s Office says Rath falsely claimed to be a member of the Apache tribe of San Carlos, and Van Dyke falsely claimed to be a member of the Nez Perce tribe. The merchandise included masks, totems and pendants sold in 2019 at Raven’s Nest Treasure in Pike Place Market and the Ye Olde Curiosity Shop by the water.
Undercover US Fish and Wildlife Service agents purchased a carved totem pole and necklace for over $ 1,334. A website used by Rath to market his works also claimed that he was a tribal citizen of the Apache tribe of San Carlos, located in Arizona.
When officers executed a search warrant at Rath’s home and studio in Whatcom County, they discovered that he also possessed protected bird feathers: golden eagles and other migratory birds such as hawks, jays, owls and more.
Rath is charged with four counts of misrepresenting goods and products made in India, one count of unlawful possession of parts of golden eagles and one count of unlawful possession of parts of migratory birds.
VanDyke’s work was purchased by undercover agents of the US Fish and Wildlife Service. He sold for more than $ 1,000 of carved pendants marketed as Native American works of art based on Aleut masks. VanDyke introduced himself as a citizen of the Nez Perce tribe, which he is not.
Van Dyke is charged with two counts of misrepresenting Indian goods and products,
Misrepresentation of goods and products made in India is punishable by up to 5 years in prison. Misdemeanor counts relating to bird parts carry a penalty of up to 1 year in prison.
The cases are under investigation by the National Fish and Wildlife Service. The cases are continued by the Assistant United States Attorney, J. Tate London.
The galleries have not been charged in these cases.
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